Amendment of the International Traffic in Arms Regulations: Policy With Respect to Libya and Venezuela

Notice is hereby given that the United States is amending the International Traffic in Arms Regulations regarding Libya at 22 CFR 126.1(a) and (d) to make it United States policy to deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Libya except, on a case-by-case basis for non-lethal defense articles and defense services, and non-lethal safety-of-use defense articles (e.g., cartridge actuated devices, propellant actuated devices and technical manuals for military aircraft for purposes of enhancing the safety of the aircrew) as spare parts for lethal end-items. Further, the Department of State is adding Venezuela to 22 CFR 126.1(a) as a result of its designation as a country not cooperating fully with anti-terrorism efforts, and in conjunction with the August 17, 2006 [71 FR 47554]announcement of a policy of denial of the export or transfer of defense articles to and revocation of existing authorizations for Venezuela.

On June 30, the Secretary of State rescinded Libya's designation as a state sponsor of terrorism. This Notice establishes that it is the policy of the United States to deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Libya except, on a case-by-case basis, for non-lethal defense articles and defense services and non-lethal safety-of-use defense articles (e.g., cartridge actuated devices, propellant actuated devices and technical manuals for military aircraft for purposes of enhancing the safety of the aircrew) as spare parts for lethal end-items. For non-lethal defense end-items, no distinction will be made between Libya's existing and new inventory.

On May 8, 2006, the Secretary of State determined that five countries, Cuba, Iran, North Korea, Syria and Venezuela, are not cooperating fully with anti-terrorism efforts [71 FR 28897]. Section 40A of the AECA prohibits the sale or licensing of defense articles and services to those on the list for a term of the fiscal year beginning October 1, 2006. In addition, on August 17, 2006 [71 FR 47554] the State Department announced a policy of denial of the export or transfer of defense articles to and revocation of existing authorizations for Venezuela.

This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. It will not have substantial direct effects on the States, the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

2. Section 126.1 is amended by revising paragraphs (a) and (d) to read as follows and adding paragraph (k):§ 126.1

(a)General. It is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services, destined for or originating in certain countries. This policy applies to Belarus, Cuba, Iran, North Korea, Syria, Venezuela and Vietnam. This policy also applies to countries with respect to which the United States maintains an arms embargo (e.g., Burma, China, Liberia, Somalia, and Sudan) or whenever an export would not otherwise be in furtherance of world peace and the security and foreign policy of the United States. Information regarding certain other embargoes appears elsewhere in this section. Comprehensive arms embargoes are normally the subject of a State Department notice published in the Federal Register. The exemptions provided in the regulations in this subchapter, except § 123.17 of this subchapter, do not apply with respect to articles originating in or for export to any proscribed countries, areas, or persons in this § 126.1.

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(d)Terrorism. Exports to countries which the Secretary of State has determined to have repeatedly provided support for acts of international terrorism are contrary to the foreign policy of the United States and are thus subject to the policy specified in paragraph (a) of this section and the requirements of section 40 of the Arms Export Control Act (22 U.S.C. 2780) and the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (22 U.S.C. 4801, note). The countries in this category are: Cuba, Iran, North Korea, Sudan and Syria.

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(k)Libya. It is the policy of the United Sates to deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Libya except, on a case-by-case basis, for: